“I’ve heard this argument but I presume the PA legislature has already decided how the state picks its electors and written it into law.
The PA constitution also probably dictates how that law can be amended/changed.”
A quick search shows that there is a law currently in place, but that the state constitution is silent on the matter. I also think the Supremacy Clause and a strict reading of the Constitution would come into play, in that a state law or statute cannot override the Federal Constitution by adding any prohibitions to the Legislature’s ability to award the electors as they see fit. Remember, the ones who would decide this would be Thomas, Alito, Gorsuch, Kavanaugh and Barrett - Roberts would not be a factor.
Right, but if the legislature chose how to award electors and memorialized it via statute can they then ignore that statute and be OK under the state constitution?
I think the problem is at the state level and an action by the legislature that violates the state’s constitution would be hard for SCOTUS to endorse.
The legislature can chose however they want but only within the confines of the state’s constitution that gives them their authority.
That constitution is the only thing giving them legitimacy.